Yashwantrao Chavan Law College, Pune

LP 1004 Practical Training Paper IV - Moot Court Exercise and Internship

2022-23
Moot Court Problem No. 1

The Union of Bahamani is located in the South Asian Region of Asia. It is one of the ancient
nations in the world. It is a democratic country with a written Constitution and having 28 States
and 8 Union Territories.

The legal system of Union of Bahamani is similar to India and the mooters have to frame the
issues and make submissions by presuming that the Constitution of India and all other laws
applicable in India are applicable to Union of Bahamani

Bahamani's Constitution has its roots in the country's fight for independence. This document
serves as a safeguard for the nation's democratic ideals and the bedrock upon which the republic
was built. The Constitution's protections for religious liberty are laid out in Articles 25 through
28. Everyone has the freedom to follow their own religious beliefs and to spread those beliefs
to others. They have the same right to not believe in any religion as they do to believe in the
religion of their choosing. That is to say, people can be completely nonreligious if they so want.
Bahamani is a pluralistic country with many religions. There is a majority of those who believe
in Hinduism, but the number of people who believe in Islam, Christianity and Sikkhism is also
not less.

Sikh religion is a monotheistic religion that originated in the 15th Century in Punjab and 1699
on the day of ‘Vasakhi’ the tenth Sikh Guru “Sri Gobind Singh Ji” decreed that Sikhs should
take Amrit (be initiated into Sikh faith) and keep five articles of faith (five K’s-pan), which
include ‘Kirpan and Kada’.

Medical courses have been one of the most popular courses among young students. With the
enforcement of the Bahamani Medical Council Act, 2019 the BEET exam has become a
mandatory entrance examination to get MBBS admissions to all the medical institutions. The
Bahamani Eligibility cum Entrance Examination is known as "BEET". It is a common entrance
examination for the medical aspirants. Every year, medical aspirants prepare for medical
entrance exams like BEET to secure a seat in top medical colleges in Bahamani. BEET is
conducted to determine the eligibility of the students to get admission for MBBS in
approved/recognized medical colleges in Bahamani. The National Testing Agency (NTA),
conducts the nationwide medical entrance examination Bahamani Eligibility cum Entrance
Test (BEET). The NTA framed the rules for the candidate appearing for examination and
imposed certain restrictions. All medical aspirants were forced to agree on the regulations set
by it before downloading the admit card. This triggered the controversy. The instructions issued
by the NTA have not only sparked a row among the medical aspirants but several of them are
even confused about the directives. The rules state that no students will be allowed to enter the
examination centre with any metallic items, ornaments like ring, earrings, nose-pin, chain or
necklaces, pendants, badges and brooches. The barred items also include wallets, handbags,
belts, caps etc.

All Bahamani Sikh Gurudwara Management Committee, Petitioner aggrieved by the

conditions imposed on the candidates expected to appear in Bahamani Eligibility cum Entrance
Test (BEET Examination) to fill the seats set apart for MBBS, filed the Public Interest
Litigation. The petitioners' specific grievance is that the wide nature of the restriction or
prohibition of entry of candidates with objects such as rings, bracelets, nose-pins, earrings,
pendants, chain/necklace and metallic objects would preclude them from wearing the kara and
the kirpan which are mandatory for all those who profess the Sikh religion.

The respondent contended that the rules for students' entry into the examination hall are in the
general interest of the students and do not violate any fundamental rights of the students
appearing for BEET.

* In this Moot Court Problem, the Bahamani Council Act, 2019 means the National Council
Act, 2019, and any reference to the Bahamani Eligibility Entrance Test (BEET) means the
National Eligibility Entrance Test (NEET).